CA To Punish Media Houses Breaking Rules While Covering Anti-Govt Protests

In what looks like a significant threat to media houses in Kenya, the Communications Authority of Kenya (CA) has threatened to take decisive action on mainstream as well as digital media platforms found to have broadcast content against the laws of the Constitution, targeting their coverage of the anti-government protests.

In a letter obtained by Viral Tea and addressed to the Nation Media Group (NMG) on Wednesday, July 17, CA Director General David Mugonyi, who previously served as the Head of the Presidential Communication Service (PCS), restated Article 33(1) of the Constitution of Kenya which provides that every person has the right to freedom of expression while Article 34(1) guarantees freedom and independence of the media.

"However, the right to freedom of expression, as well as the freedom and independence of the media, does not extend to propaganda for war, incitement to violence, hate speech or advocacy of hatred that constitutes vilification of others or incitement to cause harm or that is based on any ground of discrimination, as encapsulated in Article 33(2)," he wrote in part.

CA Director General David Mugonyi makes an address at a past function. /CITIZEN DIGITAL

"Section 461 (1)(a), (c), (d) and (e) of the Kenya Information and Communications Act, 1998 requires all licensed broadcasters to provide responsible and responsive programming, observe standards of good taste and decency, gather and present news and information accurately and impartially and make reasonable efforts to present alternative points of view either in the same programme or in other programmes within the period of current interest when controversial or contentious issues of public interest are discussed."

Mugonyi went ahead to state that the Programming Code for Broadcasting Services 2024, requires broadcasters to ensure that the content of news, current affairs and factual programmes are presented with sensitivity in the case of material likely to cause some distress to a substantial number of the audience, such as televised images of dead or seriously wounded people or animals.

Further, he noted that the code requires broadcasters to avoid inflicting undue shock and pain on families and loved ones of victims of crimes, crises, disasters, accidents and other tragedies.

Mugonyi referred to recent protests and ensuing violence, loss of lives and destruction of property which have highlighted instances where licensed media entities have compromised objectivity and balance in the reporting of crime, security operations and/or crisis situations.

"The Authority further noted with concern that some media entities aired images of dead and/or seriously wounded people without censoring or blurring out the images.

"The said conduct is in violation of Articles 33(2) and 34(1) of the Constitution, the Kenya Information and Communications Act, 1998, Programming Code for Broadcasting Services as well as the Preservation of the Public Security Act, 2012," he continued.

As a result, he cautioned all media houses that the dissemination of content that runs afoul of the Constitution; the Kenya Information and Communications Act, 1998; the Programming Code for Broadcasting Services as well as the Preservation of the Public Security Act, 2012 is unlawful and will result in enforcement action.

"All media houses are obligated under Article 3(1) of the Constitution to respect, uphold and defend the Constitution, by refraining from perpetuating such violence which could potentially cause widespread civil unrest in the country," he continued.

Mugonyi also tasked all media houses to ensure that content aired adheres strictly to Articles 3(1), 33(2) and 34(1) of the Constitution, the Kenya Information and Communications Act, 1998, the Programming Code for Broadcasting Services as well as the Preservation of the Public Security Act, 2012.

Notably, this is not the first time the CA has threatened to censure media houses for coverage of anti-government protests.

Under the leadership of Ezra Chiloba, the Authority in March 2023 threatened to censure six TV stations namely Citizen TV, NTV, K24, KBC, TV47 and Ebru TV, accusing them of providing coverage in a manner that violated the Programming Code, in the midst of the Azimio la Umoja anti-government demonstrations

"The coverage depicted scenes that could cause panic or incitement to the public, threatening peace and cohesion in the country," Chiloba stated in part.

In addition, the communication regulator threatened to revoke operating broadcast licences if any broadcaster violated the rules again.

What followed was a case filed by the Katiba Institute, the Law Society of Kenya, and the Kenya Editors Guild, among others, with the High Court overturning the Authority's censure decision.  According to Justice John Chigiti, the decision by the former CA Director General was illegal because it violated Article 47 of the Constitution.